Criminal, Family / Divorce, Bankruptcy and Real Estate / Land Use
The Law Firm of Iacullo, Martino&Marzella
247 Franklin Ave
Nutley, NJ 07110
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-M-

Magistrate (See U.S. Magistrate Judge.)
Judicial officer exercising some of the functions of a judge. It also refers in a general way to a judge.

Malfeasance
The commission of an unlawful act.

Malicious prosecution
An action instituted with intention of injuring the defendant and without probable cause, and which terminates in favor of the person prosecuted.

Malpractice
Any professional misconduct.

Manslaughter
The unlawful killing of another without intent to kill; either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm). (See also murder.)

Marshal
The executive officer of the federal court.

Martindale-Hubbell Law
A publication of several volumes which contains names, addresses, Director specialties, and rating of United States lawyers; also includes digests of state and foreign statutory law.

Mediation
A form of alternative dispute resolution in which the parties bring their dispute to a neutral third party, who helps them agree on a settlement.

Memorandum
An informal note or instrument embodying something the parties desire to have in written evidence.

Memorialized
In writing.

Merger
The absorption of one thing or right into another.

Minor
A person under the age of legal competence.

Minute book
A book maintained by the courtroom deputy (bailiff), which contains minute entries of all hearings and trial conducted by the judge.

Minutes
Memorandum of a transaction or proceeding.

Miranda warning
Requirement that police tell a suspect in their custody of his or her constitutional rights before they question him or her. So named as a result of the Miranda v. Arizona ruling by the United States Supreme Court.

Misdemeanor
A criminal offense lesser than a felony and generally punishable by fine or by imprisonment other than in a penitentiary.

Misfeasance
Improper performance of an act which a person might lawfully do.

Mistrial
An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.

Mitigating circumstances
Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame.

Mittimus
The name of an order in writing, issuing from a court and directing the sheriff or other officer to convey a person to a prison, asylum, or reformatory, and directing the jailer or other appropriate official to receive and safely keep the person until his or her fate shall be determined by due course of law.

Mitigation
A reduction, abatement, or diminution of a penalty or punishment imposed by law.

Moot
A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Mootness usually refers to a court's refusal to consider a case because the issue involved has been resolved prior to the court's decision, leaving nothing that would be affected by the court's decision.

Motion
An application made to a court or judge which requests a ruling or order in favor of the applicant.

Motion in Limine
A motion made by counsel requesting that information which might be prejudicial not be allowed to be heard in a case.

Murder
The unlawful killing of a human being with deliberate intent to kill: (1) murder in the first degree is characterized by premeditation; (2) murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.

Mutual assent
A meeting of the minds; agreement.

-N-

National Labor Relations Board. (NLRB)
A federal agency which prevents and remedies unfair labor practices by employers and labor organizations

Naturalization
Process by which a person acquires nationality after birth and becomes entitled to privileges of citizenship.

Negligence
Failure to use care which a reasonable and prudent person would use under similar circumstances.

Negotiation
The process of submission and consideration of offers until an acceptable offer is made and accepted.

Next friend
One acting without formal appointment as guardian for the benefit of an infant, a person of unsound mind not judicially declared incompetent, or other person under some disability.

No Bill
This phrase, endorsed by a grand jury on the written indictment submitted to it for its approval, means that the evidence was found insufficient to indict.

No-contest Clause
Language in a will that provides that a person who makes a legal challenge to the will's validity will be disinherited.

No-fault Proceedings
A civil case in which parties may resolve their dispute without a formal finding of error or fault.

Noise Control Act
A act which gives government agencies the right to promulgate standards and regulations relating to abatement of noise emissions, i.e., requirement that autos and like vehicles must have mufflers.

Nonfeasance
Nonperformance of an act which should be performed; omission to perform a required duty or total neglect of duty.

Nonjury trial
Trial before the court but without a jury.

Notary Public
A public officer whose function it is to administer oaths, to attest and certify documents, and to take acknowledgments.

Notice
Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding.

Notice to creditors
A notice given by the bankruptcy court to all creditors of a meeting of creditors.

Nuncupative will
An oral (unwritten) will.

 
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